Whispers Forum

A few days back I had sent a post to WIC about the public losing their faith in the Election Commission of India EVMs are suspect in the eyes of opposition parties there is a feeling that the fairness of election process is in doubt because of absence of neutrality of those who supervise and conduct the entire process. Even the dates are fixed to help or harm. I had mentioned T N Seshan who was not only neutral but tough with all even those in power. The post did not find its place in WIC. I understand that. I expected as much but I was happy when my perception as a citizen of India and concern for democracy found an echo in the Judges of the constitutional bench of the Supreme Court which is looking into a petition on the appointments of the Election Commissioners and when Justice Joseph referred to Mr Seshan 'once in a while 'Chief Election Commissioner'.
Aarti Khosla

It is very common to see that the Public Information Officers of the centre and state are not aware of the provisions of the RTI Act. The basic reason is that they are not trained at all or are not trained properly. The net result is the poor orders passed by them. As the Appellate Authority is aware that no action can be taken against them, they merrily break the law and the Information Commission looks at it helplessly, occasionally giving it a mute support by not passing strictures or imposing penalty. The fact is that many Information Commissioners are themselves poorly equipped to deal with appeals and complaints. It is no surprise that a sunshine act like RTI Act is on the decline. There is hope from some quarters like you who continue to highlight the various benefits of RTI Act and continue with the crusade. My best wishes to you for your efforts. Only an effective RTI Act can bring out real change in India.
Shaukat Ali Khan
Scrap the colonial legacy
Yes, I agree with the article of Saxena Sahab on ‘Scrap the colonial legacy’ published in WIC. Time has come to remove this slavery going on for many years.
H S Chauhan

WIC should publish this request by the Government of India so that maximum inputs are received.
Devindra Sethi
‘Scrap the colonial legacy’
Madras High Court while censuring CRPF for following colonial ‘orderly duty’ practice in force and directed the Centre to take immediate steps to stop it. The news item was widely reported on November 19 ,2022 in the mainstream media. Slamming CRPF, the High Court in its hard-hitting judgment, has ordered punishment for all seniors and recover the salaries of orderlies from the seniors who enjoyed their services, gratis. Incidentally, Tamil Nadu police is reportedly free of orderly culture. A landmark judgment of Madras High Court will get the support of all and sundry. It is common knowledge that the orderlies perform all household and menial jobs in police forces. The practice prevails in all Central Armed Police Forces causing massive drain on public exchequer. Why blame CRPF. We have all seen the tents being pitched outside the bungalows of para-military officers to accommodate hoards of guards, cooks, drivers, security staff and general factotums. The ubiquitous colonial practice of engaging personal orderlies, is not only demeaning but also avoidable. This is, however, justified for officers posted in forward areas, but not at the headquarters. The Sahayaks (Orderlies) are combatant soldiers serving in units or HQ functioning on war establishments. Officers get orderlies, free of cost, to carry out domestic work 24 hours a day and 365 days a year. Recall an instance when a low-ranking soldier of the army complained about his routine task of polishing the shoes of his superior officer. The vicious practice, one is sure, should be demoralizing the sahayaks especially in India, which has been highly stratified by caste-ridden hierarchies. A person decides to leave his village and join the army to better his social standing among his peers and not for boot-polishing and performing household chores. Indian Navy and Air Force, as per common knowledge, do not have the system of Orderlies. There are no Sahayaks in these two wings. Only the army is continuing with the British legacy. The facility could be confined to senior Army officers of the level of Brigadiers and above. Why blame the army? The IAS, IPS also keep the sahayaks (constables, head constables and even inspectors) at their residences. Officers of other organised services like the Indian Forest Service do not lag behind. Last, but not the least , the political class are shamelessly enjoying the services of formal and informal civilian staff and officers, free of cost, who are always at their command. They are bonded labour.
A K Saxena (A former civil servant)

The appellant had a grievance regarding non-allotment of his alternate entitled land area for construction of a shop in lieu of the land acquired by the Damodar Valley Corporation which caused him financial stress. He sought an action taken report on his application along with a note sheet of daily progress on his complaint which was denied under sections 8(1)(g) & 8(1)(h) of the RTI Act. The CIC ruled that blanket denial of information was not appropriate. The PIO was directed to provide a revised reply indicating the categorical action taken on the averred complaint along with the relevant available information after procuring the same from the actual record holder after applying severability in consonance with Section 10 of RTI Act. Regarding allocation of land area for his shop, the CIC held that it is purely a matter of grievance which is not amenable under the RTI Act.
Comments
The Right to Information Act provides the mechanism for procuring information which can be used for the redressal of any grievance. It is not, by itself, a forum for grievance redressal.
Citation: Amal Mandal v. Damodar Valley Corporation, File No: CIC/DVCOR/A/2022/120453, Date of Decision: 03.11.2022
Dr Anuradha Verma (dranuradhaverma@yahoo.co.in) is a RTI Consultant currently working with IIM Visakhapatnam. She has co-authored the books, RTI Right to Information - Law and Practice and PIO’s Guide to RTI. She offers consultancy on RTI matters and Third party audit. Her other articles can be read at the website of RTI Foundation of India at the link www.rtifoundationofindia.com

Sir Alladi Krishnaswamy Iyer said: “The doctrine of independence is not to be raised to the level of a dogma so as to enable the judiciary to function as a kind of super-legislature or super-executive”. The judge is addressed as “Learned/Ld Justice…”. The language of the judiciary under Art 348 is “English”. English was in use for all purposes before 1947 stated in Art 343. Calling the decision of the Executive “hanky-panky” shows disrespect to the Prime Minister and the President who have taken/approved the decision. Judges are not above these two constitutional authorities. In the Warrant of Precedent they follow, not lead, the President/Prime Minister. This is not English u/Art 348 but Inglish, derogatorily called Hinglish/Tinglish/Binglish etc. Much of the pending cases in the courts are due to freedom taken with the English language, especially the text of judicial pronouncements, which are expected to be the best compositions from the learned to inspire students of law but make no sense many a time. Can justice be expected from judges smelling hanky-panky? Will the judiciary be cautious hereafter?
M L Gupta

A Supreme Court Bench led by Justice KM Joseph while hearing a case related to appointment of Election Commissioners remarked "This is how the silence of the Constitution can be exploited. There is no law, no check. Everyone has used it to their interest. Pick up someone and give him a highly truncated tenure. He is obligated; does your bidding. We are not saying so but it looks like that." Very well said, your honour. Don't you think your remarks are equally applicable to the collegiums system of selection of judges? A case of pot calling the kettle black? Today the bench asked the Government to submit the file pertaining to the latest appointment of Election Commissioner to check that everything is honky dory. Will the justices be prepared to submit to the government files concerning the appointment of judges.
Raghavan

Reports like EVMs being carried in private vehicle four days after the polling in Himachal and an engineer being caught fiddling with the EVMs in Gujarat, if true it certainly creates suspicion about the EVMs not giving fair and true picture where it is said votes are cast for a certain candidate and these get transferred to the other candidate. That is why there is no faith in EVMs in political parties. In Bihar Assembly election also there was widespread belief that RJD lost election due to counting in BIhar due to manmade fraud with the EVMS. If such rumours are true the election commission should do something. They can dispense with the EVMS and go in for ballot papers till EVMs are made full-proof of any fraud. But People have also lost their faith in the Election Commission. At times like this one remembers Seshan who would go around with a stick during election time in the capital and would catch any wrongdoing..The Government of the day could not make him agree to do anything to erode the sanctity of the sacred right to vote of a citizen.
Aarti Khosla

The appellant sought copies of the appointment letters issued to the dependents of the deceased employees for appointment on compassionate grounds during a particular period. During the hearing, the appellant’s representative submitted that the father of the appellant was an employee and hence, information should be given. The CIC observed that the information sought is related to third parties and rightly rejected by the respondent. However, the exemption clause was not correctly quoted. The personal information of third parties are exempt u/s 8(1)(j) of the RTI Act. The CIC further observed that the FAA failed to dispose of the first appeal on time which is a sorry state of affairs. The CPIO and the FAA were both cautioned to be careful regarding the provisions of the RTI Act.
Comments
This is a case where the CIC held that this is a third party information which is duly exempt under the RTI Act. However, both the CPIO and the FAA were at the receiving end due to ignorance of the provisions of the RTI. The CPIO did not quote the correct exemption clause while the FAA did not follow the timeline. All officers must learn the basics of the RTI Act to save themselves from such humiliation.
Citation: Rajesh Nayak v. The CPIO O/o the Cantonment Board Ramgarh, File No. CIC/IARMY/A/2021/132210, Date of Decision: 02.11.2022
Dr Anuradha Verma (dranuradhaverma@yahoo.co.in) is a RTI Consultant currently working with IIM Visakhapatnam. She has co-authored the books, RTI Right to Information - Law and Practice and PIO’s Guide to RTI. She offers consultancy on RTI matters and Third party audit. Her other articles can be read at the website of RTI Foundation of India at the link www.rtifoundationofindia.com

The G20 Presidency has cast a very high responsibility on every Indian. Our thinkers, writers, journalists, media bright lights, academicians and politicians have to show the best of India to the world, a larger part is curious to know more about us. We have the proclivity to use English language as a weapon to terrorise others, especially the English and must, therefore, control our impulses. India and especially we the people of India have suffered a lot from their superior airs and contempt for us. They had not only the advantage of the mastery of the English language but vast experience of living in England, Europe, America and everywhere else excepting real hardworking and struggling India. They talk, speak, write and behave as if they are Oxonians every centimetre. Fine, no objection, it is their fundamental right and we can’t interfere with it in any manner. But when this contempt extends to PIOs it startles. How else Sunak been “smuggled” in to the Conservative Party and made the Prime Minister? Isn’t it mindboggling? Such use of English language even the native speakers would be surprised to know. It is from one the most liked journalist-writers published in the most talked national English daily of India! Such things happen when inspiration is drawn only from western writers ignoring Indians, who write only for Swantah Sukhaya and not for commercial gain. Otherwise even this simple sentence would have inspired some respect in the writer: Ekda Naimisharanya Shaunakadi(Shaunak+adi) 88 hazar Rishiyon ne Shri Sutji Se Poochha “He Prabhu! Is Kaliyug mein Ved-Vidhya rahit manushyon ko…udhaar kaise hoga?” . Every Indian must take this opportunity to take an expedition for the “Discovery of India” and familiarise our guests warmly without unnecessary rancour, bitterness, toxicity. It is for India’s growth and empowerment.
M L Gupta
Pros and cons of Bharat Jodo Yatra
A lot is being said about Bharat Jodo Yatra it's pros and cons. My view is BJP RSS has lost its credibility in eight years, people are fed up with fake narratives, cost of living very high, no improvement in any sphere & each institution which matters for general welfare has been destroyed & made defunct. Seems closer to 2024 the wind will decide which party wins, I am sure whichever wins will win with a thumping majority; it would be an anti BJP RSS vote.
Harish Kumar
Total Addressable Market Value:
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Derivatives : $ 600-1200 Trillion
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‘Badle Badle Mere Sarkar Nazar Aate Hain Apni Barbaadi ke asaar Nazar Aate hain’
Ajay Agnihotri